Yes, organizations that enter into a contract or subcontract with a "contracting agency" are covered by the laws and regulations that OFCCP enforces. A contracting agency is defined as any department, agency, establishment, or instrumentality in the executive branch of the Government, including any wholly owned Government corporation, which enters into contracts. Because the organization does not have 50 employees, it is not required to prepare affirmative action plans, but it must comply with the following regulatory requirements: 1. Ensure equal opportunity in all facets of employment (hiring, promotion, termination, compensation, training, etc.) 2. Ensure that facilities are not segregated (60-1.8) 3. Ensure that all the proper posters are displayed on bulletin boards in the physical office building or can be viewed by employees on an Intranet if they do not work in an office building 4. Flow down the EEO clause and other compliance notice provisions in any covered subcontract (even if MNCASA does not have 50 employees, it is possible that their suppliers and vendors who are performing work necessary for their government contract may have a covered contract and more than 50 employees, and MNCASA needs to put them on notice of their potential subcontractor or supplier obligations) 5. Ensure that advertisements include an equal opportunity tagline or other nondiscrimination pronouncement 6. If your contract indeed "meets all the contract thresholds", meaning that it's above the VEVRAA threshold of $150,000, you are obligated to comply with the VEVRAA listing provisions (that Circa fulfills for its customers). 7. Solicit race, gender, disabilty and veteran status of applicants and employees. 8. MAINTAIN RECORDS. (It's in capital letters for a reason). 9. Comply with the nondiscrimination obligations in part 60-20 which prohibit discrimination based on sex (the section on non-discrimination in compensation is worth a re-read, 41 CFR Section 60-20.4) 10. Comply with the religious accommodation obligations in part 60-50. If I have forgotten anything, perhaps other counsel can supplement.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.